act 620 film censorship act 2002

8/8/2019 Act 620 Film Censorship Act 2002

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1Film Censorship

LAWS OF MALAYSIA

REPRINT

Act 620

FILM CENSORSHIP ACT 2002

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

http://perjanjian.org

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2


Date of Royal Assent ... ... ... 29 January 2002

Date of publication in the Gazette 7 February 2002

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2004


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3

LAWS OF MALAYSIA

Act 620


ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title and commencement

2. Non-application

3. Interpretation

PART II

BOARD OF CENSORS

4. Establishment of Board

PART III

CONTROL OF FILMS AND FILM-PUBLICITY MATERIALS

5. Obscene film

6. Unapproved film or film-publicity material

7. Detention of imported film and film-publicity material

8. Permit, etc., for the purpose of section 7

9. Submission of film for censorship

10. Decision of the Board

11. Alterations

12. Retention and return of film

13. Disposal of unapproved film


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4 Laws of Malaysia ACT 620

14. Certificate A

15. Classification of film

16. Duplication of film

17. Certificate B

18. Display of mark of approval, certificate and classification

19. Submission of film-publicity material

20. Mark of approval on film-publicity material

PART IV

APPEAL

21. Appeal

22. Appeal Committee

23. Powers of the Appeal Committee

24. Board must give effect to Appeal Committees decision

PART V

POWERS OF THE MINISTER

25. Directions

26. Prohibition

27. Regulations

28. Exemption

PART VI

POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC.

29. Appointment of Enforcement Officers

30. Power to investigate

31. Authority card

32. Search and seizure with warrant

33. Search and seizure without warrant

34. Search of persons

35. Seizure of film, etc .

36. Notice of seizure

Section


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37. Power of arrest

38. Power to require attendance of persons acquainted with case

39. Examination of persons acquainted with case

40. Forfeiture of film, etc., seized

41. Cost of holding film, etc ., seized

42. No costs or damages arising from seizure can be recovered

PART VII

MISCELLANEOUS

43. Prosecution

44. Jurisdiction of court of First Class Magistrate

45. Offences committed by body corporate

46. Compounding of offences

47. Presumption

48. Decision under the Act not subject to appeal or review

49. Public servants

50. Immunity from legal action

51. No liability for loss or damage to film or film-publicity material

52. Disposal of unclaimed films

PART VIII

REPEAL, TRANSITIONAL AND SAVING PROVISIONS

53. Repeal

54. Board and Committees

55. Continuance of laws

56. References to the repealed Act

SCHEDULE

Section


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6 Laws of Malaysia ACT 620http://perjanjian.org

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7Film Censorship

LAWS OF MALAYSIA

Act 620


An Act relating to censorship of films and matters related thereto.

[1 April 2002, P.U. (B) 100/2002]

ENACTED by the Parliament of Malaysia as follows:

PART I

PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Film Censorship Act 2002.

(2) This Act shall come into operation on a date to be appointedby the Minister by notification in the Gazette.

Non-application

2. (1) For the avoidance of doubt, it is hereby declared that thisAct does not apply to the Federal Government or the Governmentof any State.

(2) This Act shall not apply to

(a) any film sponsored by the Federal Government or theGovernment of any State;

(b) any film transhipped within Malaysia for delivery at aplace outside Malaysia;

(c) any film whether produced in or imported into Malaysiawhich the owner does not intend to exhibit in Malaysiaor any film which is produced in Malaysia and intended

by the owner for worldwide distribution, other thanMalaysia, where a permit or a certificate of exemptionhas been granted under section 8 by the Board;


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(d) any film, not being obscene or lewd, which is in thepossession of any person or his agent and is intended forhis own private use and not for the purpose of sale, hire,

distribution, public exhibition or circulation so long asthe film remains in such possession.

(3) This Act shall not be construed as permitting the censorshipof any film or film-publicity material published, displayed, circulated,exhibited, distributed or transmitted over the internet or over intranets.

Interpretation

3. In this Act, unless the context otherwise requires

film-publicity material includes the original or duplicate ofthe whole or any part of a picture, photograph, poster, figure,handbill, slide, newspaper advertisement and any other form ofadvertisement printed or recorded on any material and intended topublicise a film;

article means apparatus or equipment used to make and process

film or its duplicate, and includes a television set and video cassetterecorder;

prescribed means prescribed by the Minister by regulationsmade under this Act;

film includes the original or duplicate of the whole or any partof

(a) a cinematograph film; and

(b) a videotape, diskette, laser disc, compact disc, hard discand other record,

of a sequence of visual images, being a record capable of beingused as a means of showing that sequence as a moving picture,whether or not accompanied by sound;

Appeal Committee means the Appeal Committee established

under section 22;

Board means the Board of Censors established under section 4;


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9Film Censorship

Minister means the Minister responsible for matters pertaining

to the censorship of films and film-publicity materials and, except

in relation to the power to make regulations, includes the Deputy

Minister;

proper officer of customs has the meaning assigned to that

expression in the Customs Act 1967 [ Act 235];

Enforcement Officer means an Enforcement Officer appointed

under section 29 and includes an Assistant Enforcement Officer

and a Junior Enforcement Officer;

police officer means a police officer, as defined underthe Police Act 1967 [ Act 344], not below the rank of an

Inspector;

owner, in relation to a film or film-publicity material,

means

(a) a person who is entitled to the possession of the film or

film-publicity material whether it is made or produced in

Malaysia or imported from outside Malaysia; or(b) any person who has the film or film-publicity material

in his control, possession or ownership at the time in

question;

Chairman means the Chairman of the Board appointed under

paragraph 4(1)(a) and includes the Vice-Chairman and a temporary

Chairman who executes the duties of the Chairman;

alteration includes the excision, addition, deletion, erasure,

reconstruction or removal of scenes, dialogues or sound, in totality

or in part, of a film, and also includes the insertion or amendment

of subtitles in a film;

Secretary means the Secretary provided to the Board under

subsection 4(3), and includes an Assistant Secretary;

exhibition includes the production of any music, speech, noise

or other sound which accompanies the projection of a film, and

exhibit shall be construed accordingly.


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PART II

BOARD OF CENSORS

Establishment of Board

4. (1) There shall be a Board of Censors consisting of the followingmembers who shall be appointed by the Minister:

(a) a Chairman;

(b) a Vice-Chairman; and

(c) not less than two other persons.

(2) The provisions set out in the Schedule shall apply to theBoard.

(3) The Board shall be provided with a Secretary and suchnumber of Assistant Secretaries and clerical and other assistantsas may be necessary.

(4) The Secretary, Assistant Secretaries and clerical and otherassistants provided to the Board under subsection (3) shall also

serve and assist the Appeal Committee.

PART III

CONTROL OF FILMS AND FILM-PUBLICITY MATERIALS

Obscene film

5. (1) No person shall

(a) have or cause himself to have in his possession, custody,control or ownership; or

(b) circulate, exhibit, distribute, display, manufacture, produce,sell or hire,

any film or film-publicity material which is obscene or is otherwiseagainst public decency.

(2) Any person who contravenes subsection (1) commits an

offence and shall be liable on conviction to a fine of not less thanten thousand ringgit and not more than fifty thousand ringgit orto imprisonment for a term not exceeding five years or to both.


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11Film Censorship

Unapproved film or film-publicity material

6. (1) No person shall

(a) have in his possession or in his custody or under hiscontrol; or

(b) circulate, exhibit, distribute, display, manufacture, produce,sell or hire,

any film or film-publicity material which has not been approvedby the Board.

(2) Any person who contravenes subsection (1) commits anoffence and shall be liable on conviction

(a) in respect of any film, to a fine of not less than fivethousand ringgit and not more than thirty thousand ringgitor to imprisonment for a term not exceeding three yearsor to both; or

(b) in respect of any film-publicity material, to a fine of notless than one thousand ringgit and not more than tenthousand ringgit.

(3) This section shall not apply to any film or film-publicity

material in respect of which a certificate of exemption has beenissued under subsection 8(3) so long as any conditions subject towhich the certificate is issued are complied with.

Detention of imported film and film-publicity material

7. (1) Where any film or film-publicity material is imported intoMalaysia, the proper officer of customs to whom such film or film-publicity material is presented upon such importation or who discoverssuch importation shall detain the film or film-publicity material.

(2) Any film or film-publicity material detained under subsection(1) shall not be released unless a permit or a certificate of exemptionissued under section 8 in respect of the film or film-publicitymaterial is presented to a proper officer of customs having controlof the film or material.

(3) Any person who, without a permit or a certificate of exemptionissued under section 8, removes or causes to be removed from thecontrol of any proper officer of customs any film or film-publicitymaterial which has been imported into Malaysia commits an offenceand shall be liable on conviction to a fine of not less than fivethousand ringgit and not more than thirty thousand ringgit or toimprisonment for a term not exceeding three years or to both.


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Permit, etc., for the purpose of section 7

8. (1) The Board may issue a permit for the purpose of section

7 if an application is made to the Board in the prescribed manner.

(2) A permit issued by the Board

(a) shall be valid only for such period as may be specifiedin the permit; and

(b) shall specify the time and place for the submission of thefilm or film-publicity material for censorship.

(3) Notwithstanding subsections (1) and (2), the Board may

issue a certificate of exemption for the purpose of section 7 inrespect of any film or film-publicity material imported intoMalaysia

(a) which the owner does not intend to exhibit in Malaysia,if the owner has notified the Board in writing that hedoes not intend to exhibit it in Malaysia or permit itsexhibition in Malaysia, and has supplied the Board witha full description of the film or film-publicity material;

(b) which the Board is satisfied is intended for private use;

or

(c) where such film has been made or produced in Malaysiaby a local or foreign corporation or company with a viewfor worldwide distribution, other than Malaysia,

if an application is made by the owner in the prescribed manner.

(4) Without prejudice to subsection (2), the Boards power toissue a permit or a certificate of exemption under this section

includes the power to impose conditions subject to which thepermit or certificate is issued.

Submission of film for censorship

9. (1) The owner of a film shall submit the film in the prescribedmanner for censorship to the Board without any alteration or excisionand at his own risk and expense

(a) in the case of an imported film not exempted undersubsection 8(3) which is released under section 7, withinthe time and at the place specified in the permit issuedin respect of the film under subsection 8(1); or


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(b) in the case of a film made or produced in Malaysia andintended to be exhibited in Malaysia, within fourteendays of the completion of such making or production.

(2) The owner of a film who contravenes subsection (1) commitsan offence and shall be liable on conviction to a fine of not lessthan five thousand ringgit and not more than thirty thousand ringgitor to imprisonment for a term not exceeding three years or to both.

Decision of the Board

10. (1) Having viewed a film submitted to it for censorship, the

Board may(a) approve the film for exhibition without any alteration;

(b) approve the film for exhibition with such alteration as itmay require; or

(c) refuse to approve the film for exhibition.

(2) The Secretary shall notify the owner of the film in writingof the decision of the Board made under subsection (1).

(3) In a case to which paragraph (1)(b) or (1)(c) applies, theBoard shall furnish to the owner of the film in writing its reasonsfor requiring the alteration or for the refusal.

Alterations

11. (1) The alteration required by the Board under paragraph10(1)(b) may be made

(a) by the Board; or(b) with the written consent and subject to any conditions of

the Board, by the owner of the film.

(2) If any film is delivered to the owner of the film for thepurpose of enabling the owner to make alterations to the filmunder paragraph 10(1)(b), the owner shall return the film to theBoard

(a) within such time as the Board may specify; and

(b) with any excised parts, if alteration by way of excisionhas been made.


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(3) The owner of a film who contravenes subsection (2) commitsan offence and shall be liable on conviction to a fine of not lessthan five thousand ringgit and not more than thirty thousand ringgit

or to imprisonment for a term not exceeding three years or to both.

Retention and return of film

12. (1) Where the Board has refused to approve the exhibition ofany film, it may retain the film for a period not exceeding threemonths from the date of its decision.

(2) Where the Board has refused to approve the exhibition of

any imported film, the Board may order the return of the film ifthe Board is satisfied that the owner intends to re-export the film.

Disposal of unapproved film

13. If the Board refuses to approve the exhibition of any film,the Board may confiscate and destroy or otherwise dispose of suchfilm

(a) after the expiry of the period mentioned in subsection

12(1); or

(b) if there is any appeal made in accordance with section21 to the Appeal Committee and if the Committee affirmsthe decision of the Board, after the decision of theCommittee is communicated to the Chairman of the Boardunder section 24.

Certificate A

14. The Board shall certify that a film

(a) has been approved under paragraph 10(1)(a); or

(b) has been altered as required by the Board,

by issuing a certificate which shall be known as Certificate A .

Classification of film

15. The Board may, before issuing a certificate under section 14,classify the film in such manner as may be prescribed.


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15Film Censorship

Duplication of film

16. (1) Where a person intends to duplicate the whole or any part

of a film which has been certified under section 14, he shall submita statutory declaration to the Board stating

(a) his intention to make duplicate copies;

(b) the precise number of duplicate copies he intends tomake; and

(c) that the duplicate copies are made from the original filmapproved and certified by the Board under sections 10and 14 respectively.

(2) No person shall make a duplicate copy of the whole or anypart of a film that has not been approved and certified by the Boardunder sections 10 and 14 respectively.

(3) Any person who contravenes subsection (2) commits anoffence and shall be liable on conviction to a fine of not less thanfive thousand ringgit and not more than thirty thousand ringgit orto imprisonment for a term not exceeding three years or to both.

Certificate B

17. The Board shall issue a certificate which shall be known asCertificate B for every duplicate copy made in accordancewith section 16.

Display of mark of approval, certificate and classification

18. (1) The owner of a film approved by the Board for exhibition

shall affix on the film the Boards mark of approval.

(2) There shall be displayed in the prescribed manner in respectof every film approved by the Board for exhibition

(a) the certificate in respect of the film;

(b) the classification of the film; and

(c) the name and address of the person who exhibits, distributes,displays or sells, as the case may be, the film.

(3) The owner of a film who contravenes subsection (1) commitsan offence.


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(4) Any person who

(a) exhibits, distributes or sells a film in contravention ofsubsection (2); or

(b) displays in respect of a film a classification differentfrom that given by the Board to the film,

commits an offence.

(5) A person who is convicted of an offence under this sectionshall be liable to a fine of not less than five thousand ringgit andnot more than thirty thousand ringgit or to imprisonment for a termnot exceeding three years or to both.

Submission of film-publicity material

19. (1) Every film-publicity material shall be submitted in theprescribed manner to the Board for its approval.

(2) Sections 10 and 11 shall apply to any film-publicity materialsubmitted to the Board for its approval as if for the word film

in those sections the words film-publicity material had beensubstituted.

(3) Any person who contravenes subsection 11(2) read togetherwith subsection (2) of this section commits an offence.

(4) A person who is convicted of an offence under this sectionshall be liable to a fine of not less than one thousand ringgit andnot more than ten thousand ringgit.

Mark of approval on film-publicity material

20. (1) The Board shall affix its mark of approval on any film-publicity material which has been approved by the Board or whichhas been altered as required by the Board.

(2) Where multiple copies of any film-publicity material are

submitted for the Boards approval, the Board shall affix its markof approval on the first copy only and duplicate copies may bemade of such first copy.


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(3) Any person who exhibits any film-publicity material or any

duplicate copy of such material without displaying the Boards

mark of approval in respect of such material commits an offence

and shall on conviction be liable to a fine of not less than onethousand ringgit and not more than ten thousand ringgit.

PART IV

APPEAL

Appeal

21. (1) The owner of any film or film-publicity material who is

aggrieved by any decision of the Board may, within thirty days

from the date on which he is notified of the decision and on

payment of the prescribed fee, appeal to the Appeal Committee by

lodging with the Secretary a written notice of appeal.

(2) The notice of appeal may contain representations of the

owner.

Appeal Committee

22. (1) There shall be an Appeal Committee consisting of the

following members:

(a) a Chairman who shall be appointed by the Minister;

(b) a Vice-Chairman who shall be appointed by the Minister;

(c) the Inspector General of Police, or his representative;

(d) the Secretary General of the Ministry responsible for

matters pertaining to the censorship of films and film-

publicity materials, or his representative;

(e) the Secretary General of the Ministry responsible for

matters pertaining to the regulation of broadcasting, or

his representative;

(f) the Director General of Education, or his representative;

and


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(g) thirteen other members who shall be appointed by the

Minister.

(2) The provisions set out in the Schedule shall apply to theAppeal Committee.

Powers of the Appeal Committee

23. (1) The Appeal Committee shall have the power to confirm,

vary or reverse the decision of the Board.

(2) The decision of the Appeal Committee shall be final andshall not be questioned in any court of law.

Board must give effect to Appeal Committees decision

24. (1) The Secretary shall inform the Chairman of the Board of

the decision of the Appeal Committee.

(2) Upon being informed of the decision of the Appeal Committeein respect of any film or film-publicity material, the Chairman of

the Board shall take such action, if any, as is necessary to give

effect to the decision.

PART V

POWERS OF THE MINISTER

Directions

25. (1) The Minister may issue to the Board or the Appeal Committee

directions of a general character consistent with the provisions of

this Act as to the policy of the Government relating to public

exhibition of films and film-publicity materials.

(2) The Board or the Appeal Committee, as the case may be,

shall give effect to the directions referred to in subsection (1).


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19Film Censorship

Prohibition

26. Notwithstanding any other provisions of this Act, if the Minister

is of the opinion that the exhibition, display, distribution, possession,circulation or sale of any film or any film-publicity material wouldbe contrary to public interest, he may, in his absolute discretion,by order published in the Gazette, prohibit the exhibition, display,distribution, possession, circulation or sale of that film or film-publicity material.

Regulations

27. The Minister may make such regulations as may be expedientor necessary for the carrying out of the provisions of this Act,including regulations prescribing

(a) the manner for submitting films and film-publicity materialsto the Board for the purpose of censorship;

(b) fees for any matter under this Act;

(c) the classification of films;

(d) the procedure in relation to the disposal of unclaimedfilms;

(e) offences which may be compounded.

Exemption

28. The Minister may, subject to any condition that he mayimpose

(a) exempt any film or class of films, including those whichare sponsored by the Federal Government pursuant to atreaty, agreement or arrangement to which the FederalGovernment is a party, from the application of any of theprovisions of this Act or regulations made under this Act;and

(b) if he is satisfied that it would not be contrary to thepublic interest or to the interest of the country to do so,

exempt any person or any film or film-publicity materialfrom any provisions of this Act or regulations made underthis Act.


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PART VI

POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST,

ETC.

Appointment of Enforcement Officers

29. The Minister may appoint such number of Enforcement Officersas may be necessary for the purposes of this Act and regulationsmade under this Act.

Power to investigate

30. An Enforcement Officer or a police officer shall have thepower to investigate any offence under this Act.

Authority card

31. (1) There shall be issued to each Enforcement Officer anauthority card which shall be signed by the Minister.

(2) Whenever an Enforcement Officer exercises any of the powersunder this Act or any regulations made under this Act, he shall ondemand produce to the person against whom the power is beingexercised the authority card issued to him under subsection (1).

Search and seizure with warrant

32. (1) If it appears to a Magistrate, upon written information onoath and after such enquiry as he considers necessary, that thereis reasonable cause to believe that

(a) any premises has been used or are about to be used for;or

(b) there is in any premises evidence necessary to the conductof an investigation into,

the commission of an offence under this Act or any regulationsmade under this Act, the Magistrate may issue a warrant authorizing

the Enforcement Officer or police officer named therein, at anyreasonable time by day or by night and with or without assistance,to enter the premises, if need be by force.


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(2) A warrant issued under subsection (1) may authorize theEnforcement Officer or police officer to search the premises for,and to seize and remove from the premises

(a) any film, film-publicity material, book, document or otherthing in respect of which an offence has or is suspectedto have been committed; and

(b) any film, film-publicity material, book, document or otherthing that is reasonably believed to furnish evidence ofthe commission of the offence.

(3) An Enforcement Officer or a police officer acting under

subsection (1) or (2) may(a) break open any outer or inner door of the premises or any

fence, enclosure, gate or other obstruction to the premises,in order to effect entry into the premises;

(b) remove by force any obstruction to entry, search, seizureor removal as he is empowered to effect under subsection(1) or (2); and

(c) detain every person found in the premises until the place

has been searched.

Search and seizure without warrant

33. Whenever an Enforcement Officer or a police officer hasreasonable grounds to believe that any film or film-publicity materialin respect of which an offence under this Act or any regulationsmade under this Act has been committed is likely to be found in

or on any place, premises, person, vehicle, vessel or conveyanceand that by reason of delay in obtaining a warrant under section32 the object of the search is likely to be frustrated, he may,without warrant, with such assistance and force as is necessary

(a) enter and search that place or those premises;

(b) stop and search that person, vehicle, vessel or conveyance;and

(c) seize any film or film-publicity material or other thingwhich may be found and may be evidence of the commissionof such offence.


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Search of persons

34. No person shall be searched except by another person of the

same gender, and such search shall be conducted with strict regardto decency.

Seizure of film, etc.

35. Without prejudice to subsection 32(2) and section 33, anyfilm, film-publicity material, book, document or other thing thatan Enforcement Officer or a police officer reasonably suspects hasbeen used or will be used in the commission of any offence underthis Act or any regulations made under this Act may be seized anddetained by the Enforcement Officer or police officer.

Notice of seizure

36. (1) Where any seizure is made under this Part, the EnforcementOfficer or police officer making the seizure shall prepare a list ofevery film, film-publicity material, book, document or other thingseized and of the place in which it is found and shall sign the list.

(2) The list prepared in accordance with subsection (1) shall bedelivered immediately to the occupant of the place or premiseswhere the film, film-publicity material, book, document or otherthing seized is found.

(3) Where the seizure is made in or from any place or premiseswhich are unoccupied, the Enforcement Officer or police officermaking the seizure shall whenever possible post a list of the thingsseized conspicuously at the place or premises.

(4) Where any film, film-publicity material, book, document orother thing is seized otherwise than in or from any place or premises,the Enforcement Officer or police officer making the seizure shallgive a notice in writing of the seizure and the grounds of theseizure to the owner of the film, film-publicity material, book,document or other thing seized by delivering a copy of such noticeto the owner in person or by post at his place of business orresidence.

(5) A notice under subsection (4) need not be given where theseizure is made in the presence or with the knowledge of theowner.


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23Film Censorship

Power of arrest

37. (1) Any Enforcement Officer may arrest without warrant any

person whom he reasonably believes has committed or is attemptingto commit an offence under this Act or any regulations made underthis Act.

(2) An Enforcement Officer making an arrest under subsection(1) shall without unnecessary delay make over the person so arrestedto the nearest police officer or, in the absence of a police officer,take such person to the nearest police station, and thereafter theperson shall be dealt with as is provided for by the law relatingto criminal procedure for the time being in force as if he had beenarrested by a police officer.

Power to require attendance of persons acquainted with case

38. (1) An Enforcement Officer making an investigation underthis Act or any regulations made under this Act may, by order inwriting, require the attendance before himself of any person whoappears to the Enforcement Officer to be acquainted with the facts

and circumstances of the case, and such person shall attend as sorequired.

(2) If any person refuses to attend as required by an order madeunder subsection (1), the Enforcement Officer may report his refusalto a Magistrate who shall issue a warrant to secure the attendanceof such person as may be required by the order.

Examination of persons acquainted with case

39. (1) An Enforcement Officer making an investigation underthis Act or any regulations made under this Act may examineorally any person supposed to be acquainted with the facts andcircumstances of the case.

(2) A person examined under subsection (1) shall be legallybound to answer all questions relating to such case put to him by

the Enforcement Officer, but he may refuse to answer any questionthe answer to which would have a tendency to expose him to acriminal charge or penalty or forfeiture.


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(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is

made wholly or partly in answer to questions.

(4) An Enforcement Officer examining a person under subsection

(1) shall first inform that person of the provisions of subsections

(2) and (3).

(5) A statement made by any person under this section shall,

whenever possible, be reduced into writing and signed by the

person making it or affixed with his thumb print, as the case may

be, after

(a) it has been read to him in the language in which he made

it; and

(b) he has been given an opportunity to make any correction

he may wish.

(6) If the person making a statement under this section refuses

to sign or affix his thumb print on the statement, the Enforcement

Officer shall endorse on the statement under his hand the fact of

such refusal and the reason for the refusal, if any, stated by theperson examined.

Forfeiture of film, etc., seized

40. (1) Any film, film-publicity material, book, document or other

thing seized under this Act shall be liable to forfeiture.

(2) An order for the forfeiture or for the release of any film,film-publicity material, book, document or other thing seized under

this Act shall be made by the court before which the prosecution

with regard to it has been held.

(3) An order for forfeiture under subsection (2) shall be made

if it is proved to the satisfaction of the court that an offence under

this Act or any regulations made under this Act has been committed

and that the film, film-publicity material, book, document or other

thing was the subject-matter of or used in the commission of theoffence, even though no person has been convicted of such offence.


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(4) If there is no prosecution with regard to any film, film-publicity material, book, document or other thing seized under thisAct, such film, film-publicity material, book, document or other

thing shall be taken and deemed to be forfeited at the expirationof a period of one calendar month from the date of service of anotice to the last-known address of the person from whom thefilm, film-publicity material, book, document or other thing wasseized indicating that there is no prosecution in respect of suchfilm, film-publicity material, book, document or other thing, unlessbefore the expiration of that period a claim thereto is made in themanner set out in subsections (5), (6), (7) and (8).

(5) Any person asserting that he is the owner of the film, film-

publicity material, book, document or other thing referred to insubsection (4) and that it is not liable to forfeiture may personallyor by his agent authorized in writing, give written notice to theEnforcement Officer or police officer in whose possession suchfilm, film-publicity material, book, document or other thing is heldthat he claims the film, film-publicity material, book, documentor other thing.

(6) On receipt of the notice referred to in subsection (5), theEnforcement Officer or the police officer shall refer the matter toa Magistrate for a decision.

(7) The Magistrate to whom a matter is referred under subsection(6) shall issue a summons requiring the person asserting that heis the owner of the film, film-publicity material, book, documentor other thing and the person from whom it was seized to appearbefore the Magistrate, and when they appear or when they fail toappear, due service of the summons having been proved, theMagistrate shall proceed to examine the matter.

(8) If it is proved that an offence under this Act or any regulationsmade under this Act has been committed and that the film, film-publicity material, book, document or other thing referred to insubsection (7) was the subject-matter of or was used in the commissionof such offence, the Magistrate shall order the film, film-publicitymaterial, book, document or other thing to be forfeited and shall,in the absence of such proof, order its release.

(9) Any film, film-publicity material, book, document or other

thing forfeited or deemed to be forfeited shall be delivered to anEnforcement Officer or a police officer and shall be disposed ofin accordance with the directions of the Magistrate.


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Cost of holding film, etc., seized

41. Where any film, film-publicity material, book, document or

other thing seized under this Act is held in the custody of theGovernment pending the completion of any proceedings in respect

of an offence under this Act or any regulations made under this

Act, the cost of holding such film, film-publicity material, book,

document or other thing in custody shall, in the event of any

person being found guilty of an offence under this Act or any

regulations made under this Act in relation to such film, film-

publicity material, book, document or other thing, be a debt due

to the Government by such person and shall be recoverable

accordingly.

No costs or damages arising from seizure can be recovered

42. No person shall, in any proceedings before any court in

respect of the seizure of any film, film-publicity material, book,

document or other thing seized in the exercise or the purported

exercise of any powers conferred under this Act, be entitled to the

costs of such proceedings or to any damages or other relief unlesssuch seizure was made without reasonable cause.

PART VII

MISCELLANEOUS

Prosecution

43. No prosecution in respect of any offence under this Act or

any regulations made under this Act shall be instituted except by

or with the written consent of the Public Prosecutor.

Jurisdiction of court of First Class Magistrate

44. Notwithstanding anything contained in any written law to the

contrary, a court of a First Class Magistrate shall have the jurisdictionto try any offence under this Act and to award the full punishment

for any such offence.


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Offences committed by body corporate

45. Where a person charged with an offence under this Act is a

body corporate, every person who, at the time of the commissionof such offence, was a managing director, manager or other similar

officer of such body corporate, may be charged jointly in the sameproceedings with the body corporate, and where the body corporate

is convicted of the offence charged, every such managing director,

manager or officer shall also be deemed to have committed theoffence and shall be liable to the same penalty as the body corporate,

unless he proves that the offence was committed without his

knowledge, consent or connivance or that he took reasonable

precautions to prevent its commission.

Compounding of offences

46. (1) The Secretary may compound any compoundable offenceby making a written offer to compound the offence to any person

suspected of having committed the offence upon payment to the

Board of such amount of money, not exceeding fifty percent of the

maximum fine for that offence, within the time specified in theoffer.

(2) An offer under subsection (1) may be made at any time after

the offence has been committed, but before any prosecution for it

has been instituted.

(3) If the amount specified in the offer under subsection (1) isnot paid within the time specified in the offer or within such

extended period as the Board may grant, prosecution for the offence

may be instituted at any time after that against the person to whom

the offer was made.

(4) Where an offence has been compounded under subsection(1), no prosecution shall be instituted after that in respect of the

offence against the person to whom the offer to compound was

made.

(5) In this section, compoundable offence means an offence

which has been prescribed by regulations made under this Act tobe an offence which may be compounded.


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Presumption

47. For the purpose of all proceedings under this Act or any

regulations made under this Act(a) a person shall, until the contrary is proved, be deemed

to be the occupier of any premises, or the owner of anyvehicle, vessel or conveyance if he has, or appears tohave, the care or management of such premises, vehicle,vessel or conveyance;

(b) if any film or film-publicity material that has not beenapproved by the Board or in respect of which an offenceunder this Act or any regulations made under this Act has

been committed is found in any premises, vehicle, vesselor conveyance, it shall be presumed, until the contraryis proved, that the film or film-publicity material is therewith the knowledge of the occupier of the premises, orthe owner of the vehicle, vessel or conveyance;

(c) if any film which has not been approved by the Boardis found in any premises, vehicle, vessel or conveyance,the name and address of the person found in or on anypart of the film or its cover shall be presumed, until the

contrary is proved, to be the name and address of theowner of the film who intends to exhibit, distribute, display,circulate, hire or sell the film.

Decision under the Act not subject to appeal or review

48. No decision of the Minister, the Board or the Appeal Committeeunder this Act or any regulations made under this Act shall besubject to appeal or review by any court on any ground.

Public servants

49. Each of the following persons shall be deemed to be a publicservant within the meaning of the Penal Code [ Act 574]:

(a) members of the Board and the Appeal Committee;

(b) the Secretary and every Assistant Secretary;

(c) Enforcement Officers; and

(d) persons employed in the office of the Board and theoffice of the Appeal Committee.


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Immunity from legal action

50. No legal proceeding, prosecution or other form of litigation

may be instituted or maintained against(a) any member of the Board;

(b) any member of the Appeal Committee;

(c) the Secretary or any Assistant Secretary;

(d) any Enforcement Officer; or

(e) any person employed in the office of the Board or theoffice of Appeal Committee,

in his personal capacity in respect of any bona fide act, decisionor statement done or made for the purpose of or incidental to theimplementation or proposed implementation of the provisions ofthis Act or regulations made under this Act.

No liability for loss or damage to film or film-publicity material

51. Other than for loss or damage caused by some wilful act onthe part of the Board or Appeal Committee or any member of the

Board or Appeal Committee, or any officer or other person employedin the office of the Board or Appeal Committee, the Board, theAppeal Committee and the Government shall not be liable for theloss of, or any damage to, any film or film-publicity materialsubmitted to the Board for approval or to the Appeal Committeeon an appeal.

Disposal of unclaimed films

52. (1) The Board may order any film or film-publicity materialto be destroyed or otherwise disposed of as it thinks fit if the filmor film-publicity material still remains in its possession after aperiod of two years has lapsed since

(a) the date of its detention under section 7;

(b) if the film or film-publicity material is approved undersection 10, the date the Board notifies the owner undersubsection 10(2); or

(c) where any alteration of a film or film-publicity materialis required under section 11, the date the Board notifiesthe owner to take possession of the film or film-publicitymaterial.


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(2) For the purposes of subsection (1), any film or film-publicitymaterial under the control of a proper officer of customs by virtueof section 7 shall be deemed to be in the possession of the Board.

PART VIII

REPEAL, TRANSITIONAL AND SAVING PROVISIONS

Repeal

53. The Film (Censorship) Act 1952 [Act 35] (in this Part referred

to as the repealed Act) is repealed.

Board and Committees

54. (1) The Board of Film Censors, the Assessment Committee

and the Committee of Appeal established by the repealed Act aredissolved.

(2) Notwithstanding subsection (1), every person who was amember of the Board of Film Censors and the Committee ofAppeal under the repealed Act immediately prior to the date ofcoming into operation of this Act shall, on that date

(a) in the case of a member of the Board of Film Censors,be deemed to have been appointed as a member of theBoard established under section 4; and

(b) in the case of a member of the Committee of Appeal, bedeemed to have been appointed as a member of the AppealCommittee established under section 22,

and shall continue in such appointment until the expiry of the term

for which he was appointed under the repealed Act.

(3) Notwithstanding subsection (1), any matter pending before

the Board of Film Censors, the Assessment Committee and theCommittee of Appeal under the repealed Act shall be disposed ofby that Board and those Committees under the repealed Act as if

the Board and the Committees had not been dissolved and therepealed Act had not been repealed.


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Continuance of laws

55. All subsidiary legislation made or deemed to have been made

under the repealed Act and in operation immediately before thedate of coming into operation of this Act shall, in so far as theyare not inconsistent with the provisions of this Act, be deemed tohave been made under this Act and shall continue to be in operationuntil they expire or are revoked or replaced.

References to the repealed Act

56. Any reference in any written law to the repealed Act or the

Board of Film Censors or the Committee of Appeal establishedunder the repealed Act shall, unless the context otherwise requires,be construed as references to this Act or the Board or the AppealCommittee established under this Act, as the case may be, and anyexpression importing such a reference shall be construed accordingly.

SCHEDULE

[Subsections 4(2) and 22(2)]

Meaning of ex officio member

1. In this Schedule, an ex-officio member of the Appeal Committee is amember of the Appeal Committee other than a member appointed under paragraph22(1)(a), (b) or (g).

Persons who cannot be members of the Board

2. (1) Subject to subparagraph (2), the following persons are not qualified tobe appointed, or to remain, as members of the Board:

(a) a member of either House of Parliament or the Legislative Assemblyof a State;

(b) a member or an officer or an employee of any local authority or ofany body corporate or other authority which is established by lawfor a public purpose;

(c) a member of any trade union or any body or association affiliatedto a trade union.

(2) No member of the public service shall be appointed as the Chairman orVice-Chairman of the Board unless he is on leave prior to retirement.


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Persons who cannot be members of the Board or Committee

3. Without prejudice to paragraph 2, the following persons are not qualifiedto be appointed, or to remain, as members of the Board or the Appeal Committee:

(a) a bankrupt;

(b) a judgement debtor;

(c) a person who has been found or declared to be of unsound mind;or

(d) a person who has been convicted of any offence involving fraud,dishonesty or moral turpitude.

Tenure of office

4. A member of the Board or a member of the Appeal Committee other thanan ex-officio member shall be appointed for a term of three years or such shorterterm as the Minister may specify, and upon the expiry of that term he is eligiblefor reappointment.

Resignation

5. A member of the Board or a member of the Appeal Committee other thanan ex-officio member may, at any time, resign his office by letter addressed tothe Minister.

Revocation

6. The Minister may revoke the appointment of a member of the Board or amember of the Appeal Committee other than an ex officio member withoutassigning any reason for the revocation.

Termination of appointment

7. The appointment of a member of the Board or a member of the Appeal

Committee other than an ex officio member terminates

(a) on his death;

(b) if he resigns in accordance with paragraph 5;

(c) if his appointment is revoked under paragraph 6; or

(d) if he fails to attend three consecutive meetings of the Board or theAppeal Committee without the leave of the Chairman of the Boardor the Committee, as the case may be.

Quorum of the Board

8. The quorum at all meetings of the Board shall be three, including the personpresiding over the meeting.


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Quorum of the Appeal Committee

9. The quorum at all meetings of the Appeal Committee shall be six, including

the person presiding over the meeting.

Person to preside over meeting

10. (1) The Chairman, and in the absence of the Chairman, the Vice-Chairman

of the Board or the Appeal Committee, as the case may be, shall preside over

the meetings of the Board or the Appeal Committee.

(2) In the absence of the Chairman and the Vice-Chairman at any meeting

of the Board or the Appeal Committee, the meeting shall be presided over by

a member elected by the members present.

Casting vote

11. At any meeting of the Board or the Appeal Committee, the person presiding

over the meeting shall have a casting vote in addition to his deliberative vote.

Allowances and privileges

12. The members of the Board and the Appeal Committee shall be paid andaccorded such allowances and privileges as may be determined by the Minister.

Delegation of powers and duties of the Board

13. (1) The Board may delegate, either generally or in any particular case, all

or any of the powers conferred or duties imposed upon it by this Act to a

committee consisting of any three members of the Board.

(2) The Chairman of the Board may appoint any of the members of the

committee referred to in subparagraph (1) to be the chairman of such committee.

(3) No delegation under subparagraph (1) shall prohibit the Board from

exercising any power of performing any duty so delegated.

Signification of decisions

14. It shall be lawful for all decisions of the Board or the Appeal Committee

or a committee referred to in paragraph 13 to be signified under the hand of

the Secretary or an Assistant Secretary, and every decision so signified shallbe deemed to be the decision of the Board, the Appeal Committee or the

committee, as the case may be.


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LAWS OF MALAYSIA

Act 620


LIST OF AMENDMENTS

Amending law Short title In force from

NIL


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LAWS OF MALAYSIA

Act 620


LIST OF SECTIONS AMENDED

Section Amending authority In force from

NIL

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD


act 620 film censorship act 2002

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